Builder wants money for overages

[debrann]

We have a crack in our basement wall that is now leaking ground water when it rains. We have contacted the builder (our contract has a 10 yr structural defect clause to cover faulty workmanship)who refuses to do anything about it. The house is only 1 1/2 yrs old. The builder sent us a letter stating that we owe her 1500 dollars for overages on our allowances. We have closed on this house 1 1/2 yrs ago and now she is stating this! There were some gives and takes as far as stuff in the house we went over on but in turn there were things not done by the builder to off set the difference. Example: extra wood flooring in exchange for deck that was in contract. Please note there were no work/change orders on any of the exchanges.

The worst part is that we obtained a lawyer who told us on our first visit with him that the builder cant request this type of payment after a closing has been done. He has contacted this builder 2 times requesting action on the leaky basement. The builder keeps bringing up the matter that we owe her money. I have asked the lawyer to request from this builder itemized detail of these so called overages. Now, the lawyer tells us that the builder might have a right to request this payment from us because of some "docturine". If the lawyer would have told us that in the beginning that we didnt have a leg to stand on then we would have never continued to use him.

Also, the builder was issued a check from her insurance company (which happens to be our home insurance co.)to fix a dammaged sky light in our home that was damaged by hail while the house was still under construction. She never did fix the skylight and is holding the money/check for the so called overages. Is this legal? We called our insurance company and all we get is they are looking into it. So in the meantime, my basement continues to leak water when it rains and we are being put off by the lawyer we hired and the insurance company we use. What should we do? Is contacting the better business bureau an action I should take?

 

[HomeGuru]

And what State is your leaking basement in dear?

 

[debrann]

I live in Indiana.

 

[HomeGuru]

Your attorney is so wishy-washy. The builder can ask for the money and can file a lien even after closing. The fact that there is nothing in writing ie. change order, field directive does not help you. I understand your point and feel that you need another attorney to write a demand letter to the builder to resolve the issues and complete the repairs by a certain date. Threaten to sue for breach of contract and implied and express waranties. The structural warranty most likely came from a third party warranty company so they need to be also put on notice. You can also and should file a complaint with the BBB, State Contractors Licensing Board and Attorney General's Office.
You should also contact my friends at http://www.hadd.com (ask for Nancy Seats) and http://www.hobb.org (ask for Janet Ahmad).
Tell the the HomeGuru sent you.

Keep me posted and let's get that basement fixed.

 

[debrann]

Thanks for the info....I will get in contact with the people you suggested. I will let you know what happened. Thanks again!

 

[HomeGuru]

Hey RN, you have worked in the medical field too long. The word is doctrine not docturine. The later is what the nurse requests from the doctor in order to complete a urinalysis.

If the basement cracks are real bad you may consider having an independant structural engineer take a look see. I am an engineer but I do not want to meet with you. You might ask me to pee in a cup.

Signed,
Pee wee

 

[debrann]

Pee Wee,

Sorry, I had work on my mind....oops! The crack isnt that bad but I want to get it checked out before something else happens. Dont worry, I wont ask you for a specimen unless you have a docs order with an ICD-9 code attached! Thanks!

DebrannRN

 

[HomeGuru]

Even if the crack is not that bad I would want to know the cause of the crack. Was the basement wall built incorrectly, is the soil moving, is there proper waterproofing on the negative side etc. In any case, water infilitration through a basement wall is bad, especially on a new house such as yours.

 

[debrann]

Great advise getting a structural engineer out here. That way we cant be bulls--ted about what really needs to be done! The basement walls were poured. Under the foundation they had put stone. The one crack that is leaking runs from the window to the floor, 1/8 in. wide. There is also a crack that runs on the foundation floor about 20 ft. long, 1/16 in in width. Thanks again

 

[HomeGuru]

Is there such a word as bullshirted?

 

[debrann]

no R....just hi

 

[HomeGuru]

You're my kind of nurse.

 

[debrann]

Thanks.....by the way, I am a Quality Improvement RN...how ironic...one of the jobs I focus on is patient satisfaction. If only the business I am dealing with had a QI person like me! lol

 

[HomeGuru]

Unforunately most homebuilders do not have such a person. If they do, that persons job may be more of a sales/marketing customer service person than an actual qualified indivdual in TQM and TQC.